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Employment Practices Liability

Employment Practices Liability

Employment Practices Liability can provide coverage for sexual harassment and discrimination lawsuits from employees and third parties.

EPL coverage protects business from liability for wrongful employment practices and most EPL policies cover claims for sexual harassment, discrimination,wrongful termination and wage & overtime claims. EPL policies became widely popular in the 90’s after the rise in lawsuits that followed the passing of the Civil Rights Act of 1991, which gave employees the privilege of trying their claims to a jury instead of a judge, and which provided for both compensatory and punitive damages for certain employment practices violations. 

Sexual-harassment, discrimination, retaliation and other “employment practices” claims have grown exponentially.  The average cost of defending and settling an EPL lawsuit is $125,000 (as reported by Hiscox Insurance)  Therefore, for most employers, obtaining liability insurance for employment claims is an essential part of risk management.  

What's Included

Generally all EPL insurance is written as a named-perils policy. If the claim alleged against the employer is not one of the listed named perils on the declarations page, then there is no coverage.  So this definition is at the center of coverage under the EPL policy. The most typical EPL“ perils” are the following:

  • Discrimination
  • Harassment
  • Wrongful termination
  • Failure to hire / promote
  • Defamation
  • Invasion of privacy / confidentiality
  • Negligent hiring and supervision
  • Retaliation and reprisal
  • FLSA (Wage and Hour disputes)

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